JURIST

SEPTEMBER 29, 2023

A man was shot Thursday in Espanola, New Mexico during a protest over the reinstallation of a statute of the conquistador Juan de Onate , who massacred and enslaved the Acoma Indigenous people in 1599. The removal of controversial statues across the US has been challenged legally with mixed results in Texas , Tennessee and Louisiana.

Statute 210

Statute Legal Legal Laws 210

SCOTUSBlog

JUNE 4, 2025

Court of Appeals for the 5th Circuit that stopped their latest effort to obtain a federal forum for cases brought in Louisiana state court, where six coastal parishes brought a group of sprawling coastal restoration suits. The companies had removed the suits to federal court under the federal-officer removal statute, 28 U.S.C.

Statute 69

Statute Contract Court Government 69

ClimateChange-ClimateLaw

JUNE 27, 2025

Others—like Louisiana , Michigan , and Oregon —broadly preempt local roles in setting building codes. Local control of building codes varies significantly. A handful of states leave building codes largely up to local governments to adopt and enforce—including, for example Arizona , Mississippi , and Missouri.

Government 59

Government Statute Laws Legal 59

Hoban Law Group

JUNE 8, 2021

Including improper drug claims in the labeling of non-drug products can expose your company to liability from the FDA/FTC to consumer actions brought under state consumer protections statutes, class action lawsuits, etc. to ensure the content adheres to Louisiana law prior to issuing the registration.

Manufacturing 132

Manufacturing Government Laws Statute 132

Patently O

JANUARY 17, 2022

Back in 1969, long before Bubba Gump, Louisiana Judge Alvin Rubin explained the virtues of shrimp: “Shrimp, whether boiled, broiled, barbecued or fried, are a gustatory delight.” ” However on certiorari, the Supreme Court felt itself bound by the statute and precedent. by Dennis Crouch. Laitram Corp. Deepsouth Packing Co.,

Manufacturing 122

Manufacturing Litigating Litigation Statute 122

SCOTUSBlog

JANUARY 24, 2025

Court of Appeals for the 5th Circuit, based in Louisiana. Suri told the justices that this was not a question of convenience, but instead about Congresss choice in the statute to delineate where cases can be brought. During 72 minutes of oral arguments, almost all of the justices peppered Vivek Suri, the assistant to the U.S.

Court 97

Court Manufacturing Government Litigating 97

Patently O

JUNE 16, 2023

The statute requires that it be located in Virginia, North Carolina, South Carolina, Georgia, Florida, Tennessee, Alabama, Mississippi, Louisiana, or Arkansas. The USPTO is now seeking comments on where the office should be located — and the methodology it should use in selecting a location. [ Fed Reg ].

Statute 64

Statute Government 64

FDA Law

MAY 30, 2024

Carole Johnson (consolidated cases), the Court found that the conditions set by Novartis and United Therapeutics on covered entities did not violate the 340B statute, although more restrictive conditions could violate the law. District Court and won, prompting a government appeal to the D.C. In affirming the District Court’s ruling, the D.C.

Manufacturing 59

Manufacturing Contract Statute Court 59

SCOTUSBlog

JANUARY 19, 2022

I just don’t know of a case,” he told Stewart, challenging the constitutionality of a statute in which the Supreme Court has inquired into the relative ease or difficulty of other options when the challengers are opposed to using those options. How, he queried, “can that possibly be the law?”. Justice Stephen Breyer was also dubious. “I

Finance 101

Finance Government Laws Court 101

Broadcast Law Blog

JANUARY 29, 2023

While the FCC also found Fox responsible for transmitting the segment to its affiliates nationwide in violation of the rule, the FCC did not fine Fox as a programming network because the one-year statute of limitations period applicable to non-broadcasters had expired.

Sports 98

Sports Manufacturing Statute Laws 98

Conflict of Laws

MAY 17, 2023

There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. A clause is contrary to public policy when a statute or a judicial decision declares that enforcement is inconsistent with the policy of the state. The United States legal system is immensely complex.

Court 52

Court Statute Lawyer Lawyers 52

ClimateChange-ClimateLaw

JULY 2, 2025

Background This case involved an EIS for an 88-mile rail line intended to transport crude oil from the Uinta Basin in Utah to the national railway system, where it could then be carried by train to oil refineries in Louisiana, Texas, and other states.

Litigating 59

Litigating Litigation Tort Legal 59

Day on Torts

MAY 31, 2022

Before filing suit, plaintiff consulted with a friend who was an attorney in Louisiana. When that friend could not find a Tennessee lawyer to take her case before the statute of limitations ran out, he sent her a sample pre-suit notice form. Plaintiff thereafter filed this HCLA suit. internal citations and quotations omitted).

Tort 59

Tort Statute Court Construction 59

Patently O

JANUARY 24, 2022

The Western District of Texas is a vast district, stretching more than 600 miles across from El Paso (on the western limits of the state) to Waco (which is much nearer to Louisiana than New Mexico). We have recently written an article in which we proposed a two-prong solution to the judge shopping problem.

Litigating 60

Litigating Litigation Court Statute 60

JURIST

JULY 13, 2022

Louisiana Judge Donald Johnson Tuesday granted a petition filed by reproductive health providers against the state’s abortion ban, the latest in a back-and-forth case set in motion after the US Supreme Court struck down Roe v. Johnson granted a temporary restraining order against state laws designed to take effect after Roe v.

Attorney 223

Attorney Statute Litigating Litigation 223

JURIST

JUNE 24, 2023

Texas that Texas and Louisiana do not have constitutional standing to sue the federal government over a 2021 Homeland Security Memorandum that focuses immigration enforcement actions on non-citizens who are suspected of terrorism, committed serious crimes or are caught at the border entering illegally.

Immigration 211

Immigration Court Rules Court Statute 211

JURIST

MAY 30, 2021

The Louisiana House of Representatives Thursday passed the controversial Senate Bill 156 requiring schools to designate athletic teams and sporting events based on the biological sex of the team members. The bill now moves to Democratic Governor John Bel Edwards to be signed into law.

Sports 104

Sports Cause of Action Statute Attorney 104

SCOTUSBlog

JUNE 20, 2025

They have two other guests who appear to be with them, and Joan Biskupic of CNN realizes that one of those guests looks like Kim Mulkey, the colorful head women’s basketball coach at Louisiana State University. (“But But you should double check,” Biskupic tells me.) It’s a loss for the government.

Court Rules 105

Court Rules Statute Court Technology 105

The Volokh Conspiracy

JUNE 9, 2025

The lone State in the Union not to recognize a right to civil jury trial in 1868 was Louisiana, which because of its French and Spanish roots in the civil law tradition found there to be no right to civil jury trial; in this, Louisiana diverged from all other states' common law tradition, which recognizes such a right. of the U.S.

Court 82

Court Government Litigating Litigation 82

Above The Law

FEBRUARY 5, 2025

We may, however, be shuffling toward clarity with a new ruling out of Louisiana in the case styled Vetter v. Courts regularly embrace different approaches to these two types of copyright cases, such as when applying the statute of limitations. Sort of like “Interstellar,” but for copyrights. Sections 203 and 304 of the U.S.

Law Firm 95

Law Firm Law Firms Laws Court 95

SCOTUSBlog

JUNE 3, 2024

The statute defines “crime of violence” as one that “has as an element the use, attempted use, or threatened use of physical force against the person or property of another.” The justices denied review in Granier v. Both the state courts and the lower federal courts rejected Granier’s request for post-conviction relief.

Statute 118

Statute Court Laws 118

SCOTUSBlog

OCTOBER 26, 2022

In recent years, the Supreme Court has expressed misgivings about white-collar prosecutions under broadly worded statutes. Judge Gregg Costa, joined by six other judges, wrote that “[t]he Supreme Court’s message is unmistakable: Courts should not assign federal criminal statutes a ‘breathtaking scope’ when a narrower reading is reasonable.”

Statute 142

Statute Construction Court Felony 142

The Volokh Conspiracy

JUNE 27, 2025

Louisiana prison nurse diagnoses inmate with a muscle strain in his hip after he gets hurt walking around the yard. Louisiana passes a law requiring all public schools to display the Ten Commandments in every classroom. Louisiana: What?! The victim identifies him, and he spends nearly 10 years in prison before exoneration.

Compensatory Damages 62

Compensatory Damages Court Attorney Laws 62

The Crime Report

SEPTEMBER 20, 2023

This statute permits a defendant’s attorney to enter into plea negotiations with the U.S. 3553(a) (imposition of a sentence) requires a federal judge to consider the sentencing factors spelled out in that statute in order to impose a “substantively reasonable sentence.” These negotiations are known as “proffer meetings.”

Statute 105

Statute Contract Court Attorney 105

ClimateChange-ClimateLaw

DECEMBER 11, 2020

The companies filed their brief on November 16, arguing that the Fourth Circuit erred by concluding that it was limited to reviewing removal based on the federal-officer removal statute.

Court 59

Court Government Litigating Litigation 59

SCOTUSBlog

MAY 28, 2021

In Louisiana v. Hill , the Louisiana Supreme Court affirmed a district court ruling that struck down two state statutes — one requiring sex offenders to obtain specialized identification cards (with the words “SEX OFFENDER” in all caps) and the other prohibiting alteration of such identification documents. Louisiana v.

Felony 128

Felony Statute Attorney Court 128

SCOTUSBlog

MARCH 30, 2023

The National Marine Fisheries Service construed the governing statute to allow it to require industry to pay the salaries of those monitors. Circuit held that the statute was reasonably read to allow the agency to require industry to pay the cost of federal monitors. A divided panel of the U.S. Court of Appeals for the D.C.

Statute 126

Statute Court Administrative Law Government 126

LegalReader

JULY 1, 2025

justices ponder damages to injured medical patients Colorado Revised Statutes Section 13-64-302 (2024) Join the conversation! The case is still under review, and many are waiting to see how the court will draw the line between fairness and finality. Sources: Colo. Read more articles by Sara E.

Court 52

Court Legal Legal Freelance 52

SCOTUSBlog

MARCH 28, 2022

Louisiana that it precluded all suits against a state (or its agencies) in federal court, including suits brought by state citizens to enforce federal constitutional provisions. Despite the apparently narrow language of the amendment – limited to suits in federal court brought by non-citizens of the state – the court held in 1890 in Hans v.

Court 98

Court Government Statute Felony 98

SCOTUSBlog

MAY 30, 2025

Justice Sonia Sotomayor stated that the majority unnecessarily ground[ed] its analysis largely in matters of policy, but the board, based on the statute itself, did not have the power to reject the application to build the railroad based on any negative effects that might flow from products carried on the railway.

Court 100

Court Statute Construction Litigating 100

Constitutional Law Reporter

DECEMBER 19, 2022

Court of Appeals for the 2nd Circuit’s “right to control” theory of fraud — which treats the deprivation of complete and accurate information bearing on a person’s economic decision as a species of property fraud — states a valid basis for liability under the federal wire fraud statute.”. United States v. Please check back for updates.

Court 52

Court Laws Statute Immigration 52

SCOTUSBlog

OCTOBER 4, 2022

McDonough , a case that the court already rescheduled seven times last term, and which involves the construction of a statute providing disability pay for members of the military. Court of Appeals for the Federal Circuit, by a divided vote , deferred to the Department of Veterans Affairs construction of the statute under Chevron U.S.A.,

Construction 100

Construction Statute Felony Court 100

The Crime Report

FEBRUARY 8, 2023

His attorney then filed a specific constitutional challenge to § 922(g)(8), arguing that the statute violated Rahimi’s Second Amendment right to own and possess firearms. Thanks to the Fifth Circuit Court of Appeals, that protection no longer exists in three Southern states—Texas, Mississippi and Louisiana. Supreme Court.

Statute 98

Statute Court Attorney Legal 98

SCOTUSBlog

JUNE 29, 2022

Louisiana , 21-993. 1346 ; and (2) whether deception that deprives a person of “potentially valuable economic information,” without more, can constitute “money or property” fraud under the federal mail and wire fraud statutes. Trans World Airlines, Inc. and several courts of appeals have held). relisted after the June 23 conference).

Statute 93

Statute Court Government Laws 93

SCOTUSBlog

NOVEMBER 2, 2022

The Supreme Court has held that the federal government assumes a trust obligation to assert reserved water rights for Native tribes only when it “ expressly accepts those responsibilities by statute ,” by regulation, or by treaty with a tribe. Louisiana , 21-993. relisted after the Oct. 28 conference). Returning Relists. 14 and Oct.

Government 108

Government Construction Court Statute 108

The Crime Report

JANUARY 13, 2023

There’s nothing in any of the statutes that say, ‘If an agency doesn’t do this within 30 days, the secretary can fine them $500 or penalize them.’ It is incumbent upon the agencies themselves to comply with these statutes.”. We don’t have any stick,” Newsome said.

Attorney 105

Attorney Litigating Litigation Depose 105

SCOTUSBlog

OCTOBER 13, 2022

Louisiana , 21-993. permits courts to defer to the Department of Veterans Affairs’ construction of a statute designed to benefit veterans, without first considering the pro-veteran canon of construction; and (2) whether Chevron should be overruled. Until next time, stay safe ! New Relists. Returning Relists. 28 and Oct.

Tort 107

Tort Construction Court Felony 107